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    • Thanks very much BankFodder, your help is invaluable and I will read through it more carefully this evening.  At this time I am not aware of any information I have left out. And thanks to jk2054, I realised after sending it about the third party rights, you are absolutely correct and I will proceed as standard BOC claim. I'll come back with any questions once I've had a thorough re-read and so I hope to get the letter emailed and posted early this week so I can start the 14 day clock. Thanks again, M
    • The original LOC is wrong. You are nothing to do with third party rights.   you placed the order on EVRi's website so there is no third party rights in it, its a standard BOC claim
    • nike pre provide the labels arguably here the easiest target is nike because they will give in very easily.  
    • @BankFodder have you seen the first paragraph of this defence on the name. Am I missing something?
    • TBH: it does matter whats asked of you. you goal here is not one of denial nor say incorrect/missing paperwork, which is the usual reason to refuse mediation when they ring 9/10. you goal here is to achieve a consent order. i would pers outline this ASAP to the mediator so you dont waste eveyones time. have a figure in your head £PCM that you are agreeable too, halve it, then offer that, but be prepare to jink upwards slightly toward you org £PCM figure. do nOT be bullied stick to your guns. if it doesnt look like your £PCM is going to be accepted, then close mediation and await it to be allocated to a judge, as he wont be too please lowell refused the consent order over £5/10PCM more. have you done a budget sheet? dx   dx  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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help the council are taking mine and my sons home in 2 weeks


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i have lived in my flat for 16 years,

 

ive seen 3 occupants from the flat below come and go,

 

then 5 years ago a woman bought the flat below me, all was well for 2 and a half years,

 

due to a death in the family,i became depressed and started drinking, with the drink came music, in short a noise abatement notice was served,

 

i paid the fine, had my possessions removed and got told to abide by the housings rules for 12 months.

 

8 months into my probation the neighbour started bombarding the housing with complaints about me again,

this was aug last year, after i had put myself out to comply with the rules,and recovered myself, and has been complaining constantly since,

 

noise she says, banging in the middle of the night, me and my son talking,my tv,my washing machine,me flushing my loo,walking up the hallway and down the stairs,

 

i have so i thought been very careful in what noise i have made but alas it seems that its not enough,

 

i did seek legal advice and got told to keep my own diary of all noise i hear and when i am not in my property as some issues were not accurate the last time.

 

i have done this, when the noise team at my local housing phoned me and told me to expect a court date,

i told my brief who said as soon as i know it to let them know, this was befor xmas, i did not receive a date,

 

and yet this morning i get a letter from my court telling me that i have just 2 weeks for me and my son to get out of our home,

 

im at my wits end,

 

how is it possible to remove 16 years in just 2 weeks?

 

no one seems to want to help me at the housing even though i have constantly tried,

sound proofing is an issue in my flat as i am unemployed and cannot have sufficiant carpeting,

 

the housing said they would refer me to a department that could help with this but never did refer me,

 

i am a heavy set woman who does not step lightly as i have proven when i spoke to my brief,

i have also came close to being admitted to hospital for high blood pressure due to this stress of these ongoing complaints,

also being diabetic i tend to need the loo quite frequently which the neighbour has moaned about,

 

i am going to the court tomorrow to fill out a N244 form, even though im not sre if this will help,

 

sorry its been a long winded thread but i am at my wits end,

 

i do not want to be thrown on the street with my son,

 

somebody please help me:-(

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Hello Vikki,

 

Welcome to the site.

Your story sounds bad,and we have had examples of this in the past.

Its a shame that you came at such a late hour as I am sure had you come earlier,then there would have been some good advice for you from others.

But 2 weeks should be ample for this.

I have some thoughts,but would rather let those who have more experience on these matters,and we do have site team members who can help.

I will flag this up for someone to pop in later today.

If you have a printer with ink then theres nothing to stop you downloading any Court forms that you may need.

Are you ok for EX160 exemption ?

Try not to worry we see what we can do to help.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hello Vikki.

The person I flagged this up to has unfortunately been off the site today.

Can you say what you have put in the N244,and whether you have any advisors in your area helping ?

I am goint to temporarily move this thread into another forum in the hope that it will get more replies.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Can you give more details of the notice you've recieved? Which law they are relying on etc.

 

If it is the one I am thinking of then the chances are you don't have to move out in 2 weeks at all, but please give as much detail as you can so as to be sure.

 

Ideally if you could give us the wording of the letter with all personal details removed, that would help a lot.

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hi there

 

the letter came from uxbridge county court,it dont state what law its using,it just says that baillifs will be attending my property with a representitive from the housing at 9 am on the 3rd of march to remove all occupiers of my address, if i resist or become agressive i will be arrested, i have to remove all my belongings if i cant then i have to take clothes and medications and make an appointment to remove the rest of my things with them as they will be changing the locks.

thats all it says, then it has the baliffs details in the bottom corner, :(

thank you for replying

 

vikki

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What did the original noise abatement notice say, and what were the terms of your probation?

 

Also, how old is your son?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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my son is 18,he is on a training course so im assumung this will be classed as further education,so tech he is still a dependent, the stipulations of the abatement notice was to be quiet for 12 months, it wasnt untill 8 months into the probationary period that the woman downstairs started bombarding the housing with complaints again.

i had to visit my doctor today,who now thinks i may be suffering from depression on top of everything else,tablets prescribed and she wants me to start seeing a councilor,but as i dont know if i will have a home in a few days i guess i wont be able to attend the sessions. you didnt need to know that but i thought i would say.

as for what did the abatment notice say, i cannot fully remember as that was some months ago and the brief that i had at the time still holds all my paperwork

 

thank you for your response

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Vikki You did not yet answer what you put in the N244.

I appreciate you may not wish to go into the details on the forum,but I see this as important to know in order to see how you have sought to challenge.

If you do not want to post that info here,then you can send it to the site team via the report triangle which appears in the task bar at the foot of every post.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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on the part where it said to put why i was contesting the decision i put , roughly,as i do not have the paper in front of me....

i do not want to lose my home of nearly 17 years,the only home that my son has ever known, and that i am willing to do anything to stop this from happening as i have hopefully proven in the past (~refereing to the 12 months i was told to keep quiet~)

that was pretty much what i had put, is this what you mean??

 

thank you

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I think your depression could be an important factor that should be taken into consideration. Did you mention in the N244 that you didn't get a court date?

 

I suggest that you try and get hold of the paperwork from the brief you had, because it might give a clue to what has led to this.

 

In case things don't go your way, I suggest that you contact Shelter who I'm sure will be able to advise you. http://england.shelter.org.uk/get_advice

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ok so you did not add anything by way of statement of case/witness statement then ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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